New Dengvaxia complaint filed vs Garin, DOH, pharma execs

Another criminal complaint was filed on Friday before the Department of Justice (DOJ) against former Health Secretary Janette Garin concerning her alleged liability in the death of a child who got inoculated with the Dengvaxia anti-dengue vaccine.

Assisted by the Public Attorney’s Office (PAO), the parents of Kristel Jean Magtira filed the complaint accusing Garin and her co-respondents for the death of their daughter who was 12 years old when she died last January 13 after she got vaccinated with Dengvaxia on April 5, 2016 at the Pasig Elementary School.

This is the 30th complaint filed against Garin before the DOJ.

“Complainants were overcome with shock and grief. They could not believe that Kristel would suddenly fell ill and die, as the latter suffered no serious illness prior to her vaccination, other than the common cough and cold. They could not believe that the vaccine, which was supposed to protect their child from dengue, would be the very reason for her death. They could not believe that the vaccine the vaccinators so proudly claimed as worth Five Thousand Pesos per shot if bought, would cost them the life of their youngest child and only daughter,” read the complaint.

“The sudden loss of their child in this manner caused complainants extreme pain, mental anguish and sleepless nights. There had been several times up to the present that they could not sleep whenever they remember her, and the ordeal and torture she suffered because of extreme pain,” it added.

In their complaint, the parents accused the respondents of reckless imprudence resulting to homicide in violation of Article 365 of the Revised Penal Code (RPC); torture resulting in the death of any person and torture committed against children in violation of Sections 4(ii) and 14 in relation to Section 14(a)(1) and (5) as well as Section 15, respectively, of Republic Act (RA) 9745, the Act Penalizing Torture and Other Cruel, Inhuman and Degrading Treatment or Punishment; and for violating RA 7394, the Consumer Act of the Philippines, particularly, for mislabeled drugs and devices under Article 89, liability for defective products under Article 97, and liability for product and service imperfection under Article 100, all in relation Article 107 which provides for the penalties.

Apart from Garin, nine Department of Health (DOH) officials have been included as respondents, namely, Drs. Vicente Belizario Jr., Kenneth Hartigan-Go, Gerardo Bayugo, Lyndon Lee Suy, Irma Asuncion, Julius Lecceiones, Joyce Ducusin; and Rosalind Vianzon and Mario Baquilod.